Excursus on the Public Discipline or Exomologesis of the Early Church.
(Taken chiefly from Morinus, De Disciplina in Administratione Sacramenti Poenitentiae; Bingham, Antiquities; and Hammond, The Definitions of Faith, etc. Note to Canon XI. of Nice.)
"In the Primitive Church there was a godly discipline, that at the beginning of Lent, such persons as stood convicted of notorious sin were put to open penance, and punished in this world that their souls might be saved in the day of the Lord; and that others, admonished by their example, might be the more afraid to offend."
The foregoing words from the Commination Service of the Church of England may serve well to introduce this subject. In the history of the public administration of discipline in the Church, there are three periods sufficiently distinctly marked. The first of these ends at the rise of Novatianism in the middle of the second century; the second stretches down to about the eighth century; and the third period shews its gradual decline to its practical abandonment in the eleventh century. The period with which we are concerned is the second, when it was in full force.
In the first period it would seem that public penance was required only of those convicted of what then were called by pre-eminence "mortal sins" (crimena mortaliahyperlink ), viz: idolatry, murder, and adultery. But in the second period the list of mortal sins was greatly enlarged, and Morinus says that "Many Fathers who wrote after Augustine's time, extended the necessity of public penance to all crimes which the civil law punished with death, exile, or other grave corporal penalty."hyperlink In the penitential canons ascribed to St. Basil and those which pass by the name of St. Gregory Nyssen, this increase of offences requiring public penance will be found intimated.
From the fourth century the penitents of the Church were divided into four classes. Three of these are mentioned in the eleventh canon, the fourth, which is not here referred to, was composed of those styled sugklai/ontej, flentes or weepers. These were not allowed to enter into the body of the church at all, but stood or lay outside the gates, sometimes covered with sackcloth and ashes. This is the class which is sometimes styled xeimozome/noi, hybernantes, on account of their being obliged to endure the inclemency of the weather.
It may help to the better understanding of this and other canons which notice the different orders of penitents, to give a brief account of the usual form and arrangement of the ancient churches as well as of the different orders of the penitents.
Before the church there was commonly either an open area surrounded with porticoes, called mesau/lion or atrium, with a font of water in the centre, styled a cantharus or phiala, or sometimes only an open portico, or propu/laion. The first variety may still be seen at S. Ambrogio's in Milan, and the latter in Rome at S. Lorenzo's, and in Ravenna at the two S. Apollinares. This was the place at which the first and lowest order of penitents, the weepers, already referred to, stood exposed to the weather. Of these, St. Gregory Thaumaturgus says: "Weeping takes place outside the door of the church, where the sinner must stand and beg the prayers of the faithful as they go in."
The church itself usually consisted of three divisions within, besides these exterior courts and porch. The first part after passing through "the great gates," or doors of the building, was called the Narthex in Greek, and Faerula in Latin, and was a narrow vestibule extending the whole width of the church. In this part, to which Jews and Gentiles, and in most places even heretics and schismatics were admitted, stood the Catechumens, and the Energumens or those afflicted with evil spirits, and the second class of penitents (the first mentioned in the Canon), who were called the a0kow=menoi, audientes, or hearers. These were allowed to hear the Scriptures read, and the Sermon preached, but were obliged to depart before the celebration of the Divine Mysteries, with the Catechumens, and the others who went by the general name of hearers only.
The second division, or main body of the church, was called the Naos or Nave. This was separated from the Narthex by rails of wood, with gates in the centre, which were called "the beautiful or royal gates." In the middle of the Nave, but rather toward the lower or entrance part of it, stood the Ambo, or reading-desk, the place for the readers and singers, to which they went up by steps, whence the name, Ambo. Before coming to the Ambo, in the lowest part of the Nave, and just after passing the royal gates, was the place for the third order of penitents, called in Greek gonukli/nontej, or u9popi/ptontej,and in Latin Genuflectentes or Prostrati, i.e., kneelers or prostrators, because they were allowed to remain and join in certain prayers particularly made for them. Before going out they prostrated themselves to receive the imposition of the bishop's hands with prayer. This class of penitents left with the Catechumens.
In the other parts of the Nave stood the believers or faithful, i.e., those persons wire were in full communion with the Church, the men and women generally on opposite sides, though in some places the men were below, and the women in galleries above. Amongst these were the fourth class of penitents, who were called sunestw=tej, consistentes, i.e., co-standers, because they were allowed to stand with the faithful, and to remain and hear the prayers of the Church, after the Catechumens and the other penitents were dismissed, and to be present while the faithful offered and communicated, though they might not themselves make their offerings, nor partake of the Holy Communion. This class of penitents are frequently mentioned in the canons, as "communicating in prayers," or "without the oblation;" and it was the last grade to be passed through previous to the being admitted again to full communion. The practice of "hearing mass" or "non-communicating attendance" clearly had its origin in this stage of discipline. At the upper end of the body of the church, and divided from it by rails which were called Cancelli, was that part which we now call the Chancel. This was anciently called by several names, as Bema or tribunal, from its being raised above the body of the church, and Sacrarium or Sanctuary. It was also called Apsis and Concha Bematis, from its semicircular end. In this part stood the Altar, or Holy Table (which names were indifferently used in the primitive Church), behind which, and against the wall of the chancel, was the Bishop's throne, with the seats of the Presbyters on each side of it, called synthronus. On one side of the chancel was the repository for the sacred utensils and vestments, called the Diaconicum, and answering to our Vestry; and on the other the Prothesis, a side-table, or place, where the bread and wine were deposited before they were offered on the Altar. The gates in the chancel rail were called the holy gates, and none but the higher orders of the clergy, i.e., Bishops, Priests, and Deacons, were allowed to enter within them. The Emperor indeed was permitted to do so for the purpose of making his offering at the Altar, but then he was obliged to retire immediately, and to receive the communion without.
(Thomassin. Ancienne et Nouvelle Discipline de l'Eglise. Tom. I. Livre II. chap. xvj. somewhat abridged.)
In the West there existed always many cases of public penance, but in the East it is more difficult to find any traces of it, after it was abolished by the Patriarch Nectarius in the person of the Grand Penitentiary.
However, the Emperor Alexis Comnenus, who took the empire in the year 1080, did a penance like that of older days, and one which may well pass for miraculous. He called together a large number of bishops with the patriarch, and some holy religious; be presented himself before them in the garb of a criminal; he confessed to them his crime of usurpation with all its circumstances. They condemned the Emperor and all his accomplices to fasting, to lying prostrate upon the earth, to wearing haircloth, and to all the other ordinary austerities of penance. Their wives desired to share their griefs and their sufferings, although they had had no share in their crime. The whole palace became a theatre of sorrow and public penance. The emperor wore the hairshirt under the purple, and lay upon the earth for forty days, having only a stone for a pillow.
To all practical purposes Public Penance was a general institution but for a short while in the Church. But the reader must be careful to distinguish between this Public Penance and the private confession which in the Catholic Church both East and West is universally practised. What Nectarius did was to abolish the office of Penitentiary, whose duty it had been to assign public penance for secret sin;hyperlink a thing wholly different from what Catholics understand by the "Sacrament of Penance." It would be out of place to do more in this place than to call the reader's attention to the bare fact, and to supply him, from a Roman Catholic point of view, with an explanation of why Public Penance died out. "It came to an end because it was of human institution. But sacramental confession, being of divine origin, lasted when the penitential discipline had been changed, and continues to this day among the Greeks and Oriental sects."hyperlink That the reader may judge of the absolute can-dour of the writer just quoted, I give a few sentences from the same article: "An opinion, however, did prevail to some extent in the middle ages, even among Catholics, that confession to God alone sufficed. The Council of Chalons in 813 (canon xxxiij.), says: `Some assert that we should confess our sins to God alone, but some think that they should be confessed to the priest, each of which practices is followed not without great fruit in Holy Church. ... Confession made to God purges sins, but that made to the priest teaches how they are to be purged.' This former opinion is also mentioned without reprobation by Peter Lombard (In Sentent. Lib. iv. dist. xvij.)."
Canon XII.
As many as were called by grace, and displayed the first zeal, having cast aside their military girdles, but afterwards returned, like dogs, to their own vomit, (so that some spent money and by means of gifts regained their military stations); let these, after they have passed the space of three years as hearers, be for ten years prostrators. But in all these cases it is necessary to examine well into their purpose and what their repentance appears to be like. For as many as give evidence of their conversions by deeds, and not pretence, with fear, and tears, and perseverance, and good works, when they have fulfilled their appointed time as hearers, may properly communicate in prayers; and after that the bishop may determine yet more favourably concerning them. But those who take [the matter] with indifference, and who think the form of [not] entering the Church is sufficient for their conversion, must fulfil the whole time.
Notes.
Ancient Epitome of Canon XII.
Those who endured violence and were seen to have resisted, but who afterwards yielded go wickedness, and returned to the army, shall be excommunicated for ten years. But in every case the way in which they do their penance must be scrutinized. And if anyone who is doing penance shews himself zealous in its performance, the bishop shall treat him more lentently than had he been cold and indifferent.
Lambert.
The abuse of this power, namely, of granting under certain circumstances a relaxation in the penitential exercises enjoined by the canons-led, in later times, to the practice of commuting such exercises for money payments, etc.
In his last contests with Constantine, Licinius had made himself the representative of heathenism; so that the final issue of the war would not be the mere triumph of one of the two competitors, but the triumph or fall of Christianity or heathenism. Accordingly, a Christian who had in this war supported the cause of Licinius and of heathenism might be considered as a lapsus, even if he did not formally fall away. With much more reason might those Christians be treated as lapsi who, having conscientiously given up military service (this is meant by the soldier's belt), afterwards retracted their resolution, and went so far as to give money and presents for the sake of readmission, on account of the numerous advantages which military service then afforded. It must not be forgotten that Licinius, as Zonaras and Eusebius relate, required from his soldiers a formal apostasy; compelled them, for example, to take part in the heathen sacrifices which were held in the camps, and dismissed from his service those who would not apostatize.
Bright.
This canon (which in the Prisca and the Isidorian version stands as part of canon 11) deals, like it, with cases which had arisen under the Eastern reign of Licinius, who having resolved to "purge his army of all ardent Christians" (Mason, Persec. of Diocl. p. 308), ordered his Christian officers to sacrifice to the gods on pain of being cashiered (compare Euseb. H. E. x. 8; Vit. Con. i. 54). It is to be observed here that military life as such was not deemed unchristian. The case of Cornelius was borne in mind. "We serve in your armies," says Tertullian, Apol. 42 (although later, as a Montanist, he took a rigorist and fanatical view, De Cor. 11), and compare the fact which underlies the tale of the "Thundering Legion,"-the presence of Christians in the army of Marcus Aurelius. It was the heathenish adjuncts to their calling which often brought Christian soldiers to a stand (see Routh. Scr. Opusc. i. 410), as when Marinus' succession to a centurionship was challenged on the ground that he could not sacrifice to the gods (Euseb. H. E. vii. 15). Sometimes, indeed, individual Christians thought like Maximilian in the Martyrology, who absolutely refused to enlist, and on being told by the proconsul that there were Christian soldiers in the imperial service, answered, "Ipsi sciunt quod ipsis expediat" (Ruinart, Act. Sanc. p. 341). But, says Bingham (Antiq. xi. 5, 10), "the ancient canons did not condemn the military life as a vocation simply unlawful. ... I believe there is no instance of any man being refused baptism merely because he was a soldier, unless some unlawful circumstance, such as idolatry, or the like, made the vocation sinful." After the victory of Constantine in the West, the Council of Aries excommunicated those who in time of peace "threw away their arms" (can. 2). In the case before us, some Christian officers had at first stood firm under the trial imposed on them by Licinius. They had been "called by grace" to an act of self-sacrifice (the phrase is one which St. Augustine might have used); and had shown "their eagerness at the outset" ("primum suum ardorem," Dionysius; Philo and Evarestus more laxly, "primordia bona;" compare th\n a0ga/phn sou th\n prw/thn, Rev. ii. 4). Observe here how beautifully the ideas of grace and free will are harmonized. These men had responded to a Divine impulse: it might seem that they had committed themselves to a noble course: they had cast aside the "belts" which were their badge of office (compare the cases of Valentinian and Valens, Soc. iii. 13, and of Benevoins throwing down his belt at the feet of Justina, Soz. vii. 13). They had done, in fact, just what Auxentius, one of Licinius' notaries, had done when, according to the graphic anecdote of Philostorgius (Fragm. 5), his master bade him place a bunch of grapes before a statue of Bacchus in the palace-court; but their zeal, unlike his, proved to be too impulsive-they reconsidered their position, and illustrated the maxim that in morals second thoughts are not best (Butler, Serm. 7), by making unworthy attempts-in some cases by bribery-to recover what they had worthily resigned. (Observe the Grecised Latinism benefiki/oij and compare the Latinisms of St. Mark, and others in Euseb. iii. 20, vi. 40, x. 5.) This the Council describes in proverbial language, probably borrowed from 2 Pet. ii. 22, but, it is needless to say, without intending to censure enlistment as such. They now desired to be received to penance: accordingly they were ordered to spend three years as Hearers, during which time "their purpose, and the nature (ei\doj) of their repentance" were to be carefully "examined." Again we see the earnest resolution of the Council to make discipline a moral reality, and to prevent it from being turned into a formal routine; to secure, as Rufinus' abridgment expresses it, a repentance"fructuosam et attentam." If the penitents were found to have "manifested their conversion by deeds, and not in outward show (sxh/mati), by awe, and tears, and patience, and good works" (such, for instance, Zonaras comments, as almsgiving according to ability), "it would be then reasonable to admit them to a participation in the prayers," to the position of Consistentes, "with permission also to the bishop to come to a yet more indulgent resolution concerning them," by admitting them to full communion. This discretionary power of the bishop to dispense with part of a penance-time is recognized in the fifth canon of Ancyra and the sixteenth of Chalcedon, and mentioned by Basil, Epist. 217, c. 74. It was the basis of "indulgences" in their original form (Bingham, xviii. 4, 9). But it was too possible that some at least of these lapsi might take the whole affair lightly, "with indifference" a0diafo/rwj-not seriously enough, as Hervetas renders-just as if, in common parlance, it did not signify: the fourth Ancyrene canon speaks of lapsi who partook of the idol-feast a0diafo/rwj as if it involved them in no sin (see below on Eph. 5, Chalc. 4). It was possible that they might "deem" the outward form of "entering the church" to stand in the narthex among the Hearers (here, as in c. 8, 19, sxh=ma denotes an external visible fact) sufficient to entitle them to the character of converted penitents, while their conduct out of church was utterly lacking in seriousness and self-humiliation. In that case there could be no question of shortening their penance, time, for they were not in a state to benefit by indulgence: it would be, as the Roman Presbyters wrote to Cyprian, and as he himself wrote to his own church, a "mere covering over of the wound" (Epist. 30, 3), an "injury" rather than "a kindness" (De Lapsis, 16); they must therefore "by all means" go through ten years as Kneelers, before they can become Consistentes.
There is great difficulty about the last phrase and Gelasius of Cyzicus, the Prisca, Dionysius Exiguus, the pseudo-Isidore, Zonaras and most others have considered the "not" an interpolation. I do not see how dropping the "not" makes the meaning materially clearer.
Canon XIII.
Concerning the departing, the ancient canonical law is still to be maintained, to wit, that, if any man be at the point of death, he must not be deprived of the last and most indispensable Viaticum. But, if any one should be restored to health again who has received the communion when his life was despaired of, let him remain among those who communicate in prayers only. But in general, and in the case of any dying person whatsoever asking to receive the Eucharist, let the Bishop, after examination made, give it him.
Notes.
Ancient Epitome of Canon XIII.
The dying are to be communicated. But ifany such get well, he must be placed in the number of those who share in the prayers, and withthese only.
Van Espen.
It cannot be denied that antiquity used thename "Viaticum" not only to denote the Eucharist which was given to the dying, but also to denote the reconciliation, and imposition of penance, and in general, everything that could be conducive to the happy death of the person concerned, and this has been shown by Aubespine (lib. 1, Obs. cap. ii.). But while this is so, the more usual sense of the word is the Eucharist. For this cannot be denied that the faithful of the first ages of the Church looked upon the Eucharist as the complement of Christian perfection, and as the last seal of hope and salvation. It was for tiffs reason that at the beginning of life, after baptism and confirmation, the Eucharist was given even to infants, and at the close of life the Eucharist followed reconciliation and extreme unction, so that properly and literally it could be styled "the last Viaticum." Moreover for penitents it was considered especially necessary that through it they might return to the peace of the Church; for perfect peace is given by that very communion of the Eucharist. [A number of instances are then cited, and various ancient versions of the canon.] Balsamon and Zonaras also understand the canon as I have done, as is evident from their commentaries, and so did Josephus Aegyptius, who in his Arabic Paraphrase gives the canon this title: "Concerning him who is excommunicated and has committed some deadly sin, and desires the Eucharist to be granted to him."
This canon is found in the Corpus Juris Canonici, Gratian, Decretum Pars. II. causa xxvi, Quaes. VI., c. ix.
Footnotes
1 Cyprian. De Bono Patient., cap. xiv.
2 Morinus, De P(nitent., lib. v., cap. 5.
3 Vide, Thomassin. Lib. cit. Livre II Chapitre vii. §xiii. where the whole matter of Nectarius's action is discussed.
4 Addis and Arnold. A Catholic Dictionary; ,sub voce Penance, Sacrament of.
Excursus on the Communion of the Sick.
There is nothing upon which the ancient church more strenuously insisted than the oral reception of the Holy Communion. What in later times was known as "Spiritual Communion" was outside of the view of those early days; and to them the issues of eternity were considered often to rest upon the sick man's receiving with his mouth "his food for the journey," the Viaticum, before he died. No greater proof of how important this matter was deemed could be found than the present canon, which provides that even the stern and invariable canons of the public penance are to give way before the awful necessity of fortifying the soul in the last hour of its earthly sojourn.
Possibly at first the Italy Sacrament may have been consecrated in the presence of the sick person, but of this in early times the instances are rare and by was considered a marked favour that such a thing should be allowed, and the saying of mass in private houses was prohibited (as it is in the Eastern and Latin churches still to-day) with the greatest
The necessity of having the consecrated bread and wine for the sick led to their reservation, a practice which has existed in the Church from the very beginning, so far as any records of which we are in possession shew.
St. Justin Martyr, writing less than a half century after St. John's death, mentions that "the deacons communicate each of those present, and carry away to the absent the blest bread, and wine and water."hyperlink It was evidently a long established custom in his day.
Tertullian tells us of a woman whose husband was a heathen and who was allowed to keep the Holy Sacrament in her house that she might receive every morning before other food. St. Cyprian also gives a most interesting example of reservation. In his treatise "On the Lapsed" written in a.d. 251, (chapter xxvi), he says: "Another woman, when she tried with unworthy hands to open her box, in which was the Holy of the Lord, was deterred from daring to touch it by fire rising from it."
It is impossible with any accuracy to fix the date, but certainly before the year four hundred, a perpetual reservation for the sick was made in the churches. A most interesting incidental proof of this is found in the thrilling description given by St. Chrysostom of the great riot in Constantinople in the year 403, when the soldiers "burst into the place where the Holy Things were stored, and saw all things therein," and "the most holy blood of Christ was spilled upon their clothes."hyperlink From this incident it is evident that in that church the Holy Sacrament was reserved in both kinds, and separately.
Whether this at the time was usual it is hard to say, but there can be no doubt that even in the earliest times the Sacrament was given, on rare occasions at least, in one kind, sometimes under the form of bread alone, and when the sick persons could not swallow under the form of wine alone. The practice called "intinction," that is the dipping of the bread into the wine and administering the two species together, was of very early introduction and still is universal in the East, not only when Communion is given with the reserved Sacrament, but also when the people are communicated in the Liturgy from the newly consecrated species. The first mention of intinction in the West, is at Carthage in the fifth century.hyperlink We know it was practised in the seventh century and by the twelfth it had become general, to give place to the withdrawal of the chalice altogether in the West.hyperlink "Regino (De Eccles. Discip. Lib. I. c. lxx.) in 906, Burchard (Decr. Lib. V. cap. ix. fol. 95. colon. 1560.) in 996, and Ivo (Decr. Pars. II. cap. xix. p. 56, Paris 1647) in 1092 all cite a Canon, which they ascribe to a council of Tours ordering `every presbyter to have a pyx or vessel meet for so great a sacrament, in which the Body of the Lord may be carefully laid up for the Viaticum to those departing from this world, which sacred oblation ought to be steeped in the Blood of Christ that the presbyter may be able to say truthfully to the sick man, The Body and Blood of the Lord avail thee, etc.'"hyperlink
The reservation of the Holy Sacrament was usually made in the church itself, and the learned W. E. Scudamore is of opinion that this was the case in Africa as early as the fourth century.hyperlink
It will not be uninteresting to quote in this connection the "Apostolic Constitutions," for while indeed there is much doubt of the date of the Eighth Book, yet it is certainly of great antiquity. Here we read, "and after the communion of both men and women, the deacons take what remains and place it in the tabernacle."hyperlink
Perhaps it may not be amiss before closing the remark that so far as we are aware the reservation of the Holy Sacrament in the early church was only for the purposes of communion, and that the churches of the East reserve it to the present day only for this purpose.
Those who wish to read the matter treated of more at length, can do so in Muratorius's learned "Dissertations" which are prefixed to his edition of the Roman Sacramentaries (chapter XXIV) and in Scudamore's Notitia Eucharistica, a work which can be absolutely relied upon for the accuracy of its facts, however little one may feel constrained to accept the logical justness of its conclusions.
Canon XIV.
Concerning catechumens who have lapsed, the holy and great Synod has decreed that, after they have passed three years only as hearers, they shall pray with the catechumens.
Notes.
Ancient Epitome of Canon XIV.
If any of the catechumens shall have fallen for three years he shall be a hearer only, and then let him pray with the catechumens.
Justellus.
The people formerly were divided into three classes in the church, for there were catechumens, faithful, and penitents; but it is clear from the present canon there were two kinds of catechumens: one consisting of those who heard the Word of God, and wished to become Christians, but had not yet desired baptism; these were called "hearers." Others who were of long standing, and were properly trained in the faith, and desired baptism-these were called "competentes."
There is difference of opinion among the learned as to whether there was not a third or even a fourth class of catechumens. Bingham and Card. Bona, while not agreeing in particular points, agree in affirming that there were more than two classes. Bingham's first class are those not allowed to enter the church, the e0cwqou/menoi, but the affirmation of the existence of such a class rests only on a very forced explanation of canon five of NeoCaesarea. The second class, the hearers, audientes, rests on better evidence. These were not allowed to stay while the Holy Mysteries were celebrated, and their expulsion gave rise to the distinction between the "Mass of the Catechumens" (Missa Catechumenorum) and the "Mass of the Faithful" (Missa Fidelium). Nor were they suffered to hear the Creed or the Our Father. Writers who multiply the classes insert here some who knelt and prayed, called Prostrati or Genuflectentes (the same name as was given to one of the grades of penitence).
(Edw. H. Plumptre in Dict. Christ. Antiq. s. v. Catechumens.)
After these stages had been traversed each with its appropriate instruction, the catechumens gave in their names as applicants for baptism, and were known accordingly as Competentes sunaitou/ntej. This was done commonly at the beginning of the Quadragesimal fast, and the instruction, carried on through the whole of that period, was fuller and more public in its nature (Cyril Hieros. Catech. i. 5; Hieron. Ep. 61, ad Pammach. c. 4:). To catechumens in this stage the great articles of the Creed, the nature of the Sacraments, the penitential discipline of the Church, were explained, as in the Catechetical Lectures of Cyril of Jerusalem, with dogmatic precision. Special examinations and inquiries into character were made at intervals during the forty days. It was a time for fasting and watching and prayer (Constt. Apost. viii. 5; 4 C. Carth. c. 85; Tertull. De Bapt. c. 20; Cyril. 1. c.) and, in the case of those who were married, of the strictest continence (August. De fide et oper. v. 8). Those who passed through the ordeal were known as the perfectiores teleiw/terotthe electi, or in the nomenclature of the Eastern Church as baptizo/menoi or fwtizo/wenoi, the present participle being used of course with a future or gerundial sense. Their names were inscribed as such in the album or register of the church. They were taught, but not till a few days before their baptism, the Creed and the Lord's Prayer which they were to use after it. The periods for this registration varied, naturally enough, in different churches. At Jerusalem it was done on the second (Cyril. Catech. iii.), in Africa on the fourth Sunday in Lent (August. Serm. 213), and this was the time at which the candidate, if so disposed, might lay aside his old heathen or Jewish name and take one more specifically Christian (Socrat. H. E. vii. 21). . . .It is only necessary to notice here that the Sacramentum Catechumenorum of which Augustine speaks (De Peccat. Merit. ii. 26) as given apparently at or about the time of their first admission by imposition of hands, was probably the eu0logi/ai or panis benedictus, and not, as Bingham and Augusta maintain, the salt which was given with milk and honey after baptism.
Canon XV.
ON account of the great disturbance and discords that occur, it is decreed that the custom prevailing in certain places contrary to the Canon, must wholly be done away; so that neither bishop, presbyter, nor deacon shall pass from city to city. And if any one, after this decree of the holy and great Synod, shall attempt any such thing, or continue in any such course, his proceedings shall be utterly void, and he shall be restored to the Church for which he was ordained bishop or presbyter.
Notes.
Ancient Epitome of Canon XV.
Neither bishop, presbyter, nor deacon shall pass from city to city. But they shall be sent back, should they attempt to do so, to the Churches in which they were ordained.
Hefele.
The translation of a bishop, priest, or deacon from one church to another, had already been forbidden in the primitive Church. Nevertheless, several translations had taken place, and even at the Council of Nice several eminent men were present who had left their first bishoprics to take others: thus Eusebius, Bishop of Nicomedia, had been before Bishop of Berytus; Eustathius, Bishop of Antioch, had been before Bishop of Berrhoea in Syria. The Council of Nice thought it necessary to forbid in future these translations, and to declare them invalid. The chief reason of this prohibition was found in the irregularities and disputes occasioned by such change of sees; but even if such practical difficulties had not arisen, the whole doctrinal idea, so to speak, of the relationship between a cleric and the church to which he had been ordained, namely, the contracting of a mystical marriage between them, would be opposed to any translation or change. In 341 the Synod of Antioch renewed, in its twenty-first canon, the prohibition passed by the Council of Nice; but the interest of the Church often rendered it necessary to make exceptions, as happened in the case of St. Chrysostom. These exceptional cases increased almost immediately after the holding of the Council of Nice, so that in 382, St. Gregory of Nazianzum considered this law among those which had long been abrogated by custom. It was more strictly observed in the Latin Church; and even Gregory's contemporary, Pope Damasus, declared himself decidedly in favour of the rule of Nice.
This canon is found in the Corpus Juris Canonici. Decretum, Pars II. Causa VII, Q. 1,c. xix.
Footnotes
1 Just M. Apol. I. cap. lxv.
2 Chrys. Ep. ad Innoc.. Sec. 3.
3 I give the reference as in Scudamore's Not. Euch. from whicn I have taken it. De Prom. et Praed. Dei; Dimid. Temp. c. 6; inter Opp. Prosperi. p.161. ed. 1609.
4 Cf. Scudamore, Not. Euch. p. 705.
5 Cf. Scudamore. Notit. Ruch. p.707.
6 W. E. Scudamore. Notitia Eucharistica [2d. Ed.] p. 1025.
7 Apost. Const. Lib. viii. cap. xiij. The word used is pastofo/riaoria, this may possibly mean a side chapel, and does occur in the Book of Maccabees in this sense; bnt its classical use is to signify the shrine of a god, and while so distinguished a writer as Pierre Le Brun adopts the later meaning, the no less famous Durant, together with most commentators, translate as I have done above. In either case for the preseut purpose, the quotation is conclnsive of the practice of the primitive church in regard to this matter. Liddell and Scott give "pastofo/roj, one carrying the image of a god in a shrine."
Excursus on the Translation of Bishops.
There are few points upon which the discipline of the Church has so completely changed as that which regulated, or rather which forbade, the translation of a bishop from the see for which he was consecrated to some other diocese. The grounds on which such prohibition rested were usually that such changes were the outcome of ambition, and that if tolerated the result would be that smaller and less important sees would be despised, and that there would be a constant temptation to the bishops of such sees to make themselves popular with the important persons in other dioceses with the hope of promotion. Besides this objection to translation, St. Athanasius mentions a spiritual one, that the diocese was the bishop's bride, and that to desert it and take another was an act of unjustifiable divorce, and subsequent adultery.hyperlink Canon XIV. of the Apostolic Canons does not forbid the practice absolutely, but allows it for just cause, and although the Council of Nice is more stringent so far as its words are concerned, apparently forbidding translation under any circumstances, yet, as a matter of fact, that very council did allow and approve a translation.hyperlink The general feeling, however, of the early Church was certainly very strong against all such changes of Episcopal cure, and there can be no doubt that the chief reason why St. Gregory Nazianzen resigned the Presidency of the First Council of Constantinople, was because he had been translated from his obscure see Sasima (not Nazianzum as Socrates and Jerome say) to the Imperial City.hyperlink
From the canons of some provincial councils, and especially from those of the Third and of the Fourth Council of Carthage, it is evident that despite the conciliar and papal prohibitions, translations did take place, being made by the authority of the provincial Synods, and without the consent of the pope,hyperlink but it is also evident that this authority was too weak, and that the aid of the secular power had often to be invoked.
This course, of having the matter decided by the synod, was exactly in accordance with the Apostolic Canon (no. xiv.). In this manner, for example, Alexander was translated from Cappadocia to Jerusalem, a translation made, so it is narrated, in obedience to heavenly revelation. It will be noticed that the Nicene Canon does not forbid Provincial Councils to translate bishops, but forbids bishops to translate themselves, and the author of the tract De Translationibus in the Jus Orient. (i. 293, Cit. Haddon. Art. "Bishop," Smith and Cheetham, Dict. Chr. Antiq.) sums up the matter tersely in the statement that h9 meta/basij kekw/lutai, ou0 mh\n h\# meta/qesij: i.e., the thing prohibited is "transmigration" (which arises from the bishop himself, from selfish motives) not "translation" (wherein the will of God and the good of the Church is the ruling cause); the "going," not the "being taken" to another see. And this was the practice both of East and West, for many centuries. Roman Catholic writers have tried to prove that translations, at least to the chief sees, required the papal consent, but Thomassinus, considering the case of St. Meletius having translated St. Gregory of Nazianzum to Constantinople, admits that in so doing he "would only have followed the example of many great bishops of the first ages, when usage had not yet reserved translations to the first see of the Church."hyperlink
But the same learned author frankly confesses that in France, Spain, and England, translations were made until the ninth century without consulting the pope at all, by bishops and kings. When, however, from grounds of simple ambition, Anthimus was translated from Trebizonde to Constantinople, the religious of the city wrote to the pope, as also did the patriarchs of Antioch and Jerusalem, and as a result the Emperor Justinian allowed Anthimus to be deposed.hyperlink
Balsamon distinguishes three kinds of translations. The first, when a bishop of marked learning and of equal piety is forced by a council to pass from a small diocese to one far greater where he will be able to do the Church the most important services, as was the case when St. Gregory of Nazianzum was transferred from Sasima to Constantinople, meta/qesij; the second when a bishop, whose see has been laid low by the barbarians, is transferred to another see which is vacant, meta/basij; and the third when a bishop, either having or lacking a see, seizes on a bishopric which is vacant, on his own proper authority a0na/basijit is this last which the Council of Sardica punishes so severely. In all these remarks of Balsamon there is no mention of the imperial power.
Demetrius Chomatenus, however, who was Archbishop of Thessalonica, and wrote a series of answers to Cabasilas, Archbishop of Durazzo, says that by the command of the Emperor a bishop, elected and confirmed, and even ready to be ordained for a diocese, may be forced to take the charge of another one which is more important, and where his services will be incomparably more useful to the public. Thus we read in the Book of Eastern Law that "If a Metropolitan with his synod, moved by a praiseworthy cause and probable pretext, shall give his approbation to the translation of a bishop, this can, without doubt, be done, for the good of souls and for the better administration of the church's affairs, etc."hyperlink This was adopted at a synod held by the patriarch Manuel at Constantinople, in the presence of the imperial commissioners.
The same thing appears also in the synodal response of the patriarch Michael, which only demands for translation the authority of the Metropolitan and "the greatest authority of the Church."hyperlink But, soon after this, translation became the rule, and not the exception both in East and West.
It was in vain that Simeon, Archbishop of Thessalonica, in the East raised his voice against the constant translations made by the secular power, and the Emperors of Constantinople were often absolute masters of the choice and translations of bishops; and Thomassinus sums up the matter, "At the least we are forced to the conclusion that no translations could be made without the consent of the Emperor, especially when it was the See of Constantinople that was to be filled."
The same learned writer continues: "It was usually the bishop or archbishop of another church that was chosen to ascend the patriarchal throne of the imperial city. The Kings of England often used this same power to appoint to the Primatial See of Canterbury a bishop already approved in the government of another diocese."hyperlink
In the West, Cardinal Bellarmine disapproved the prevailing custom of translations and protested against it to his master, Pope Clement VIII., reminding him that they were contrary to the canons and contrary to the usage of the Ancient Church, except in cases of necessity and of great gain to the Church. The pope entirely agreed with these wise observations, and promised that he would himself make, and would urge princes to make, translations only "with difficulty." But translations are made universally, all the world over, today, and no attention whatever is paid to the ancient canons and discipline of the Church.hyperlink
Canon XVI.
Neither presbyters, nor deacons, nor any others enrolled among the clergy, who, not having the fear of God before their eyes, nor regarding the ecclesiastical Canon, shall recklessly remove from their own church, ought by any means to be received by another church; but every constraint should be applied to restore them to their own parishes; and, if they will not go, they must be excommunicated. And if anyone shah dare surreptitiously to carry off and in his own Church ordain a man belonging to another, without the consent of his own proper bishop, from whom although he was enrolled in the clergy list he has seceded, let the ordination be void.
Notes.
Ancient Epitome of Canon XVI.
Such presbyters or deacons as desert their own Church are not to be admitted into another, but are to be sent back to their own diocese. But if any bishop should ordain one who belongs to another Church without the consent of his own bishop, the ordination shall be cancelled.
"Parish" in this canon, as so often elsewhere, means "diocese."
Balsamon.
It seemed right that the clergy should have no power to move from city to city and to change their canonical residence without letters dimissory from the bishop who ordained them. But such clerics as are called by the bishops who ordained them and cannot be persuaded to return, are to be separated from communion, that is to say, not to be allowed to concelebrate sunierourgei=n with them, for this is the meaning of "excommunicated" in this place, and not that they should not enter the church nor receive the sacraments. This decree agrees with canon xv. of the Apostolical canons, which provides that such shall not celebrate the liturgy. Canon xvj. of the same Apostolical canons further provides that if a bishop receive a cleric coming to him from another diocese without his bishop's letters dimissory, and shall ordain him, such a bishop shall be separated. From all this it is evident that the Chartophylax of the Great Church for the time does rightly in refusing to allow priests ordained in other dioceses to offer the sacrifice unless they bring with them letters commendatory and dimissory from those who ordained them.
Zonaras had also in his Scholion given the same explanation of the canon.
This canon is found in the Corpus Juris Canonici, divided into two. Decretum. Pars II, Causa VII. Quaest. I. c. xxiij.; and Pars I. Dist. LXXI., c. iij.
Canon XVII.
Forasmuch as many enrolled among the Clergy, following covetousness and lust of gain, have forgotten the divine Scripture, which says, "He hath not given his money upon usury," and in lending money ask the hundredth of the sum [as monthly interest], the holy and great Synod thinks it just that if after this decree any one be found to receive usury, whether he accomplish it by secret transaction or otherwise, as by demanding the whole and one half, or by using any other contrivance whatever for filthy lucre's sake, he shall be deposed from the clergy and his name stricken from the list.
Notes.
Ancient Epitome of Canon XVII.
If anyone shall receive usury or 150 per cent. he shall be cast forth and deposed, according to this decree of the Church.
Van Espen.
Although the canon expresses only these two species of usury, if we bear in mind the grounds on which the prohibition was made, it will be manifest that every kind of usury is forbidden to clerics and under any circumstances, and therefore the translation of this canon sent by the Orientals to the Sixth Council of Carthage is in no respect alien to the true intent of the canon; for in this version no mention is made of any particular kind of usury, but generally the penalty is assigned to any clerics who "shall be found after this decree taking usury" or thinking out any other scheme for the sake of filthy lucre.
This Canon is found in the Corpus Juris Canonici, in the first part of the Decretum, in Dionysius's version. Dist. xlvii, c. ii, and again in Isidore's version in Pars II, Causa xiv. Quaes. iv., c. viii.
Footnotes
1 Athanas. Apol ij.
2 Sozom. H. E.. I. 2.
3 By no one has this whole matter of the translation of bishops been more carefully and thoroughly treated than by Thomassiuns, and in what follows I shall use his discussion as a thesaurus of facts. The title of his book is Ancienne et Nouvelle Discipline de l'Eglise (There is also an edition in Latin). In the Third Part. and the Second Book,
Chapter LX. treats of "Translations of bishops in the Latin Chmch during the first five centuries."
Chapter LXI. "Translations in the Eastern Church, during the first five centuries."
Chapter LXII. "Translation of bishops and bishoprics between the years five hundred and eight hundred."
Chapter LXIII. "Translation under the empire of Charlemagne and his descendants."
ChaPter LXIV. "Translation of bishops after the year one thousand."
Of all this I can in the text give but a brief resumé.
4 Thomassin. l. c. lx. viij.
5 Thomassen, l. cit., Chap LI., §xiij..
6 This is Thomassinus's version of the matter, in fact the charge of heresy was also made against Anthimus, but his uncainonical translation was a real count in the accusation.
7 Juris. Orient. tom. 1. p.240, 241.
8 Ibid. p.5. I am not at all clear as to what this last phrase means.
9 Thomassin. lib cit.. chap. LXIV. §x.
10 I believe this is true of all churches, Catholic and Protestant, having an episcopal form of government (including the Protestant Church ot Sweden, and the Methodist Episcopal Church), with the exception of the Protestant Episcopal Church in the United States, in which the ancient prohibition of the translation of diocesan bishops is observed in all its Nicene strictness.
